BOARD DATE:	  19 February 2015

		DOCKET NUMBER:  AR20140017251 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his date of rank (DOR) to second lieutenant (2LT) from 9 May 2011 to 7 January 2011.

2.  The applicant states:

	a.  The record in question is incorrect because he originally swore in on 7 January 2011.

	b.  His chaplain recruiter (he was originally a chaplain candidate) swore him in and then lost the paperwork.  The recruiter requested that he "re-swear in," so his second DA Form 71 (Oath of Office – Military Personnel) was dated 9 May 2011.

	c.  This error has caused him to be ineligible for the Fiscal Year 2015 captain/O-3 board.

3.  The applicant provides:

* original DA Form 71, dated 7 January 2011
* appointment memorandum, dated 5 May 2011
* new DA Form 71, dated 9 May 2011
* DD Form 214 (Certificate of Release or Discharge from Active Duty)



CONSIDERATION OF EVIDENCE:
 
1.  The applicant provided:

	a.  a DA Form 71 which shows he was appointed as a Reserve commissioned officer in the U.S. Army Reserve (USAR) in the rank of 2LT on 7 January 2011 and

	b.  a DA Form 71 which shows he was appointed as a Reserve commissioned officer in the USAR in the rank of 2LT on 9 May 2011.

2.  He was promoted to first lieutenant on 4 November 2012 with a DOR of 4 November 2012.

3.  In the processing of this case, a staff advisory opinion was obtained from the U.S. Army Human Resources Command, dated 31 October 2014.  The Chief, Officer Accessions Branch, recommended denial of the applicant's request.  The opinion states:

	a.  Reference Executive Order 13358, Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces, dated 30 September 2004, the White House has delegated authority of the President to appoint officers in the USAR to Secretary of Defense with no further sub-delegation authorized.  On 1 July 2005, the directive was issued that all officers appointed in the USAR must be on a scroll approved and signed by the Secretary of Defense before an oath of office can be initiated.

	b.  The applicant's 2LT scroll approval for USAR appointment was confirmed on 19 April 2011.  His appointment memorandum and order correctly reflect his 9 May 2011 oath of office execution.  As documented, the applicant was separated on 1 May 2011; his USAR appointment cannot precede his scroll confirmation or separation date.  Based on his separation date, his requested adjustment to 7 January 2011 is not an option.

4.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  He did not respond.

5.  Authority granted to the Secretaries of the Military Departments in Secretary of Defense memorandum, dated 9 December 1982, subject:  Redelegation of Authority under Executive Order 12396, to appoint officers under Title 10, U.S. Code, section 624, in the grades of O-2 and O-3 was rescinded effective 1 July 2005 based on advice from the Department of Justice that prohibits redelegation below the Secretary of Defense of the President's authority to appoint military officers.  All military officer appointments under Title 10, U.S. Code, section 12203, including original appointments, in the Reserve of the Army, Reserve of the Air Force, Naval Reserve, and Marine Corps Reserve, not previously approved by 30 June 2005 shall also be submitted to the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested adjustment of his DOR to 2LT to 7 January 2011 and he provided a DA Form 71 which shows he was appointed as a 2LT in the USAR on 7 January 2011.

2.  By law, all military officer appointments are required to be placed on a scroll and be processed through various channels up to the Secretary of Defense.

3.  Since his USAR appointment cannot precede his scroll confirmation, and his 2LT scroll approval for USAR appointment was not confirmed until 19 April 2011, he could not have been appointed as a 2LT on 7 January 2011.  Scrolling actions are not within the purview of this Board.

4.  In view of the foregoing evidence, the applicant's DOR for 2LT seems appropriate and reasonable and should not be adjusted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  ___X_____  __X___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________X______________
                  CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140017251



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ABCMR Record of Proceedings (cont)                                         AR20140017251



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